*1 SWAN, Before MEDINA and Judges. WATERMAN, Circuit COMPANY, ISTHMIAN STEAMSHIP Libelant-Appellee, Judge. MEDINA, Circuit v. appeal ques- This involves the same America, of Line, UNITED STATES as were considered in tions Grace Inc., States, Respondent-Appellant. v. United 255 our F.2d 810 opinion in case is which herewith.. filed 4, Docket 24415. No. Steamship Company, In 1946 Isthmian Appeals Court of United States eight appellee, used vessels chartered to Second Circuit. by it on a bareboat basis United the 6, Argued Nov. through Shipping 1957. States the War Ad- Isthmian’s, result ministration. As a of 6, 1958. May Decided period of vessels for the from use these May 1, July 31, 1948, 1946 to the United additional, $115,203.76 States claimed as hire, which Isthmian to. charter refused When, carrying cargo, pay. after certain Isthmian, 1953, in the United for States $116,511.44, a for
submitted bill the- withheld States the amount al- United legedly due additional as charter hire. thereupon filed the libel below Isthmian freight ship- for recover its the 1953 to ments.
817 did refer its Isthmian’s libel to not alleged to the United States indebtedness chartering arising of the 1946-1948 out government’s answer vessels. The of the alleged indebted to Isthmian was that of the earlier States because
the United parties, but transaction between the exception was to this answer Isthmian’s ground on the admi- sustained that the jurisdiction
ralty had no over the court subject of related the the set-off to not libel, pro followed. and a decree confesso opinion in our For the reasons stated States, Line, Inc., 255
in v. Grace United 810, is
F.2d the decree of the below court
Affirmed. Judge WATERMAN, (concur- Circuit
ring). my separate
I concur in the result. See
concurring opinion
Line, Inc.,
in
v.
Grace
States,
Cir.,
2
United
Involved in this case is an issue added jurisdiction
relative to the of the court possible
below because of a bar time thought period. Lest it be that this issue by us,
was considered I add not would pleadings the dis-
that disclose the that jurisdic-
trict and this court court have
tion. COMPANY, Inc.,
ISBRANDTSEN Libelant-Appellant,
v. America, of
UNITED STATES Respondent-Appellee.
3,No. Docket 24384. Appeals
United States Court of
Second Circuit. 6,
Argued Nov. 1957. 6,May
Decided 1958.